By: Angelita Chavez

Introduction 

The Department of Homeland Security (DHS) will publish a final rule on August 30, 2022. The final rule will codify the Deferred Action for Childhood Arrivals (DACA) for qualifying individuals.

The final rule aims to preserve and strengthen the DACA program. The final rule:

• Preserves the current criteria to qualify for DACA;
• Maintains the existing process for requesting employment authorization documents (EADs); and
• Reinforces the established policy that DACA is not a lawful status, however it permits beneficiaries to be considered “lawfully present” for purposes such as taxation.

conclusion
The file rule on DACA will be effective Monday, October 31,  2022. However, per the July 16, 2021, injunction from the U.S. District Court for the Southern District of Texas, DHS will not approve initial DACA requests and associated employment authorization based on the new final rule. DHS may still approve DACA renewal requests based on the new final rule.

For any questions or assistance regarding the final DACA rule published by DHS, contact your trusted Chugh, LLP immigration professional.